Which route to take....

[clayton2103]

I have read and reread the advantages and disadvantages of both the K-1 and the K-3 Visa process through many sites including the FAQ's here on CFL.

 

I am not sure which is the proper route to take for Wen Li and I. I see very little difference between either of them. Both seem to require the same paperwork and the timeline comparable.

 

I do note that I can marry Wen Li in Nanning with a K-3 where on a K-1 it would be here in the states where the marriage would have to take place.

 

Can anyone offer their views on this topic on which would be my best choice?

Or, perhaps explain to me in more detail the differences that I have failed to detect in the two types of visas.

 

I feel confident that this question has been posted numerous times in the past. I apologize for asking this again, please understand that I am a newbie here.

 

Thanks for any guidance any of you may provide.

[tonado]

http://www.visajourney.com/forums/index.ph...om&page=compare

[Guest pushbrk]

I have read and reread the advantages and disadvantages of both the K-1 and the K-3 Visa process through many sites including the FAQ's here on CFL.

 

I am not sure which is the proper route to take for Wen Li and I. I see very little difference between either of them. Both seem to require the same paperwork and the timeline comparable.

 

I do note that I can marry Wen Li in Nanning with a K-3 where on a K-1 it would be here in the states where the marriage would have to take place.

 

Can anyone offer their views on this topic on which would be my best choice?

Or, perhaps explain to me in more detail the differences that I have failed to detect in the two types of visas.

 

I feel confident that this question has been posted numerous times in the past. I apologize for asking this again, please understand that I am a newbie here.

 

Thanks for any guidance any of you may provide.

237298[/snapback]

For many, when and where they marry becomes a key issue. You can study the compare link Tony posted for other concerns that fit your own individual priorities.

 

From what I've observed the theoretical 1 to 2 month time advantage for the K1 is often wiped out by the practical matter of luck of the draw or just where your petition fits in a stack of files.

 

My K3 took 8 months from filing the original CR1 papers to visa in hand. I've seen many K1's take longer and few any quicker. The time is a crap shoot. In our case, we had little if any reason to marry in the US and plenty of reasons to marry in China. That became the difference.

[m-coon]

You ask for views......

 

My view is that do what is best for your SO! If she is like most Chinese women - she probably prefers to marry in China where it can be witnessed and enjoyed by her friends and family.

 

I wouldn't make the decision on how many months you can save doing it a different way - do what will make her and you more happy.

 

Scott

[clayton2103]

Thanks so much Tony.

 

I have visited this site in which you have provided a link to in the past, yet failed to return to it prior to my posted question.

 

I can see that the site you sent me to is and will be very helpful to me.

 

I have already sent this information onto Wen Li for her review. I feel with this info we can both now decide which route to take.

 

Perhaps others here have learned that one is better than the other or have a personal preference of Visa type in which to apply for.

If so, I would love to read of these opinions.

 

Thanks again.

 

............................................

 

Thanks also to you pushbrk.

 

I mentioned to Wen Li of the K-1 and she responded about the K-3 with little explanation since she is like myself, uneducated in this process.

I do feel the option of marriage in China or US as the K-3 offers is going to be her decision.

I am open to her response and choice once she views what I have sent to her today.

Like you, there is no reason for our marriage to take place here in the US and in fact I would love to be married to her with her family and friends in attendance in Nanning.

[clayton2103]

Thanks Scott...As you can read my above response to pushbrk, I feel that perhaps once I hear back from Wen Li our choice will be....A wedding in China!

[Guest pushbrk]

Thanks so much Tony.

 

I have visited this site in which you have provided a link to in the past, yet failed to return to it prior to my posted question.

 

I can see that the site you sent me to is and will be very helpful to me.

 

I have already sent this information onto Wen Li for her review. I feel with this info we can both now decide which route to take.

 

Perhaps others here have learned that one is better than the other or have a personal preference of Visa type in which to apply for.

If so, I would love to read of these opinions.

 

Thanks again.

 

............................................

 

Thanks also to you pushbrk.

 

I mentioned to Wen Li of the K-1 and she responded about the K-3 with little explanation since she is like myself, uneducated in this process.

I do feel the option of marriage in China or US as the K-3 offers is going to be her decision.

I am open to her response and choice once she views what I have sent to her today.

Like you, there is no reason for our marriage to take place here in the US and in fact I would love to be married to her with her family and friends in attendance in Nanning.

237315[/snapback]

Maybe you just misworded your sentence but the K3 does not offer an option of where you marry. To file for K3, you must BE MARRIED already. Since your SO is in China, the marriage would take place in China BEFORE you file a USA visa petition with USCIS.

 

It is the couple that has and exercised the option of where to marry. Then they file for the visa appropriate to their chosen circumstances.

Edited August 13, 2006 by pushbrk (see edit history)

[Randy W]

Maybe you just misworded your sentence but the K3 does not offer an option of where you marry.  To file for K3, you must BE MARRIED already.  Since your SO is in China, the marriage would take place in China BEFORE you file a USA visa petition with USCIS.

 

It is the couple that has and exercised the option of where to marry.  Then they file for the visa appropriate to their chosen circumstances.

237322[/snapback]

 

 

The K3 itself IS the option you choose in order to marry in China. I don't think that is mis-worded.

 

Historically, the K-1's have gone through, on average, more quickly than the K-3's While few K1's have gone through faster than pushbrk's K3, I'm sure than even fewer (if any) K3's have gone through more quickly than his. K1's have gone through in as little as 5 months.

 

However, any K applications filed after March 5 will be subject to the IMBRA regulations. The effect of this on the K visa process can be fairly severe while they sort out the various aspects of the law. We have yet to see any IMBRA visas be awarded.

 

The CR-1 visas are not subject to this law, so that may end up being your quickest option.

[warpedbored]

The decision is a highly personal one. Timelines on average in the years I have been here are generally 1-2 months longer for K-3 but with the new IMBRA law that may be pretty much a wash now. I still feel that K-1 is better from a purely practical viewpoint.

 

K-1 advantages

 

It is easier to change her last name

 

Less fees. With K-3 you have to pay the I-130 and I=129F fees and adjust status. With K-1 you only need pay the I-129F fees and adjust status.

 

She can get a SSN upon entry to the US. With the SSN she can get a state ID card and you can put her on your bank accounts thus establishing evidence of a bonafide relationship earlier for AOS. With K-3 she must first get an EAD which can take 4 months or more.

 

There is less paperwork especially up front where you are most likely to be confused in the process.

[clayton2103]

pushbrk...you are correct, I did not state my sentence correctly. I do understand that I will first marry in either China or the US then file for the K-3. The K-3 being the spousal visa and the K-1 being the fiance visa. Thanks.

 

As I view other responses above I can now read what I had hoped. I am sure there are many opinions on this and by what is listed above, all will help in both mine and Wen Li's decision of which route to take.

 

Thanks to all who have responded.

 

As for marriage in China, Wen Li has had a previous marriage and I am unsure of the Chinese custom of a second marriage. If we choose to marry in China, I can only hope that her second marriage would be accepted and celebrated as was her first.

I have written to her for an education on this custom.

Anyone with knowledge of this?

[Guest pushbrk]

pushbrk...you are correct, I did not state my sentence correctly. I do understand that I will first marry in either China or the US then file for the K-3. The K-3 being the spousal visa and the K-1 being the fiance visa. Thanks.

 

As I view other responses above I can now read what I had hoped. I am sure there are many opinions on this and by what is listed above, all will help in both mine and Wen Li's decision of which route to take.

 

Thanks to all who have responded.

 

As for marriage in China, Wen Li has had a previous marriage and I am unsure of the Chinese custom of a second marriage. If we choose to marry in China, I can only hope that her second marriage would be accepted and celebrated as was her first.

I have written to her for an education on this custom.

Anyone with knowledge of this?

237327[/snapback]

Ok, I don't want to nit pick here, Clayton but I also don't want you to have or convey to your SO, the wrong expectations.

 

This sentence is false. "I do understand that I will first marry in either China or the US then file for the K-3."

 

Because your SO is in China, the combination of marry in the US and file for K3 is NOT AN OPTION, BECAUSE she has no visa to travel to the US for marriage or any other reason. She will obtain ONE visa to come to the USA for the first time. It will be K1 if she is your fiance when she comes and either CR1 or K3 if she is your wife.

 

In this process you will be required to give concise and accurate explanations of many things. It is important that you are VERY careful how you craft your sentences of explanation. I advise you to start doing so now. We're here to help you.

[clayton2103]

LOL...pushbrk...well, perhaps you have in fact corrected me. And once again, I do understand that the marriage option will only be in China in MY situation. I was just reciting what was listed on the site that Tony provided the link to earlier.

 

What my previous post reads: "I do understand that I will first marry in either China or the US" should have been written to read: "I do understand that some can marry in either China or the US."

 

I have no intentions of conveying any wrong expectations to my SO.

I do understand that I MUST marry in China and THEN file for the K-3 in my situation.

 

I will be very careful of all that is written and spoken to my SO and how I word my future posts and responses here on CFL. I did not realize the scrutiny of my quickly written words. I apologize.

 

Thanks for your very observant observations of my incorrect statements as you see them.

 

I am sure there are situations that would find a SO here in the US for school or work that the below statement would apply to.

 

Neither fit my situation and please forgive me for my lack of insight, forethought and uneducated writings here on this post for you to find and correct for me. I will be far more detailed and accurate in my future responses and posts.

 

Please be assured, no misleading statements or inaccuracies will be directed to my SO. That is what this site is here for...yes?

 

Thanks again.

 

 

 

K-3

The U.S. citizen marries the foreign

fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

Edited August 13, 2006 by clayton2103 (see edit history)

[Yuanyang]

I believe that the CRx is an Immigration Application for Family members; while the Kx are petitions for visas.

[jim_julian]

One point on marriage and your Chinese SO ...

 

At least in our case it seems that you get about 99% of the "credit" for being married if you have a wedding banquet in China. We went the K1 route. After the K1 was in hand we had a banquet for 150 relatives. After that, in the minds of the family, we were considered married. A couple days later we flew to the US and in a few weeks had our US wedding.

 

In my mind this is the best of both worlds when considering options purely from the where/when to get married perspective.

[david_dawei]

K-3

The U.S. citizen marries the foreign

fiance in the USA or in another country (could be home country), the foreign fiance goes back to his/her country, the U.S. citizen applies to the Service Center for an I-130 spousal visa petition.

237336[/snapback]

The statements you are reading from the other site are correct..

 

Any marriage takes place prior to the submission of a petition; either a petition for a fiancee or spouse.

 

The marriage CAN occur in the US or in China. In most cases, and for about 99.9 % of the cases we get here, the marriage occurs in China; The exceptions are those that meet a chinese national lucky enough to be in the US (ie: work or school) and they married. (I will qualify that sites statements and say that if someone does marry in the US, then the chinese national DOES NOT want to leave the country... this will make the filing much, much longer. They can just file for adjustment of status--but this is getting outside of your case).

 

In YOUR CASE... here are your options:

 

Spousal visa: Marry in China

1) You go to china and setup work to live

a. You work in china - File DCF at local consulate/embassy in China

 

2) You go back and live in the US (or you go to china, but don't work/reside there)

a. File the required I-130 (for CR1) , US Filing

b. After receipt, you can file the optional I-129F (for K3); US Filing

 

Fiancee Visa

Visit China, get engaged and decide you want to later marry in US

1) Regardless of where you live: File I-129F (for K1 - fiancee) ; US Filing

Edited August 13, 2006 by DavidZixuan (see edit history)